Establishment and Jurisdiction of Family Courts

The State is mandated by the Constitution and UN Convention on the Rights of the Child to protect children's rights and welfare.
Adjudication system for youthful offenders must consider their special circumstances.
The sanctity and autonomy of the family institution are recognized and protected.
Family courts shall preserve family solidarity and promote reconciliation and amicable settlement of family disputes.

Family courts shall be established in every province and city.
If the city is the provincial capital, the family court is established in the municipality with the highest population.

Judges must be natural-born Filipino citizens, at least 35 years old, with at least 10 years of law practice or relevant public office experience.
Family Court Judges and personnel must undergo training with experience and demonstrated ability in child and family cases.
The Supreme Court will provide continuing education programs on child and family laws and related disciplines.

Exclusive original jurisdiction over:
- Criminal cases involving accused aged 9 to under 18 or minor victims.
- Guardianship, custody, habeas corpus related to children.
- Adoption and its revocation.
- Annulment, nullity of marriage, marital status and property relations, dissolution of conjugal partnership.
- Support and/or acknowledgment petitions.
- Summary judicial proceedings under the Family Code.
- Declarations concerning children (abandoned, dependent, neglected).
- Commitments, suspension/termination/restoration of parental authority under relevant laws.
- Family home constitution petitions.
- Cases against minors under the Dangerous Drugs Act.
- Violations of child protection laws (RA 7610 and RA 7658).
- Domestic violence cases involving women and children.
Criminal offenses by minors result in sentences with suspension as per Child and Youth Welfare Code.
Incidental family or child matters in regular court cases remain with that court.

Family courts may use 10% of their income from filing and court fees for research and operating expenses.
Same benefit applies to all courts.
The Supreme Court will issue guidelines for implementation.

Family courts may issue restraining orders in cases of domestic violence upon verified application.
Temporary custody of children may be ordered in civil custody cases.
Support pendente lite (including salary deduction and use of conjugal assets) may be ordered in civil support actions.

Family court judges have direct control and supervision over youth detention homes established by local governments.
Alternatives to detention and institutional care must be available, including counseling, recognizance, bail, community-based options.
Respect for human rights appropriate to youth well-being is mandated.

SSCD established in judicial regions per Supreme Court discretion, guided by DSWD.
Provides social services, social action recommendations, program development, policy formulation, technical supervision, and monitoring in juvenile and family cases.

Composed of qualified social workers and behavioral science personnel.
Duties include intake assessment, case studies, counseling, and social services for court cases.
Adoption and abandonment case studies may be done by DSWD or licensed child-care agencies.
Psychiatric, psychological, and specialist consultative services may be recommended.
Creation of Social Work Adviser position under Court Administrator for SSCD supervision.

In areas without family courts or designated trial courts, DSWD assigns accredited social workers from LGUs to handle juvenile and family cases.

Hearings and conciliation are conducted preserving dignity, respect, and privacy of children and families.
Case records kept confidential; party identity disclosed only when necessary and authorized by the judge.

Supreme Court shall promulgate special procedural rules for case transfer to family courts during transition.
Procedures to prioritize best interests of the child and family protection, with UN Convention on the Rights of the Child as a guiding framework.

Decisions and orders of family courts appealable as in ordinary regional trial courts.

Necessary funds included in General Appropriations Act for the year following enactment and subsequent years.

Supreme Court and DSWD coordinate to formulate rules for effective social aspect implementation of the Act.

Pending establishment, Supreme Court designates family courts from existing regional trial court branches in specified cities.
Family courts may handle additional cases if dockets permit, but not on the same day as family cases.
In areas without family courts, regional trial courts will adjudicate family and juvenile cases under Section 5.

Inconsistent laws, decrees, orders, rules or regulations are repealed, amended, or modified accordingly.

The Act takes effect 15 days after its publication in at least two national newspapers of general circulation.